BILL NUMBER: SB 526	CHAPTERED  09/16/99

	CHAPTER   419
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN SENATE   APRIL 28, 1999

INTRODUCED BY   Senator Kelley

                        FEBRUARY 19, 1999

   An act to amend Sections 33500, 33501, 33502, 33503, 33601, 33700,
and 33702 of the Public Resources Code, relating to conservation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 526, Kelley.  Coachella Valley Mountain Conservancy.
   (1) Existing law establishes the Coachella Valley Mountains
Conservancy to acquire and hold, in perpetual open space, mountainous
lands surrounding the Coachella Valley, as provided.  Existing law
provides for the conservancy to be administered by a governing board
of 20 voting members, as specified, and authorizes the board to adopt
regulations governing the public's use of the conservancy lands.
Existing law provides that a violation of those regulations is a
misdemeanor.
   This bill would provide for the conservancy to additionally
acquire and hold, in perpetual open space, natural community
conservation lands, defined as all lands within the territory of the
conservancy, the preservation of which is necessary to implement a
natural community conservation plan, as provided.  The bill would
increase the number of voting members on the governing board to 21 by
making the Regional Director for the Pacific West Region of the
National Park Service an additional member of the board.  By
expanding the territory of the conservancy and thereby expanding the
governing board's authority to create new crimes, the bill would
impose a state-mandated local program.
   The bill would authorize the conservancy to award grants to
cities, counties, resource conservation districts, or nonprofit
organizations, as provided, in order to further the conservancy's
purposes.
   (2) Under existing law, the acquisition of real property or
interests in real property by the conservancy is subject to the
Property Acquisition Law, except as specified.
   The bill would require the conservancy, in addition to complying
with that law, to consult with an advisory committee prior to the
acquisition of property or the taking of other actions in furtherance
of the Coachella Valley natural community conservation plan, habitat
conservation plan, or similar program, as prescribed.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 33500 of the Public Resources Code is amended
to read:
   33500.  The Legislature hereby finds and declares that the
mountains and natural community conservation lands of the Coachella
Valley in Riverside County contain unique and important open-space,
wildlife, scenic, environmental, anthropological, cultural,
scientific, educational, and recreational resources that should be
held in trust for the enjoyment of, and appreciation by, present and
future generations.
  SEC. 2.  Section 33501 of the Public Resources Code is amended to
read:
   33501.  The Coachella Valley Mountains Conservancy is hereby
created as a state agency within the Resources Agency to acquire and
hold, in perpetual open space, mountainous lands surrounding the
Coachella Valley and natural community conservation lands within the
Coachella Valley, and to provide for the protection of wildlife
resources on, and the public's enjoyment of, and the enhancement of
their recreational and educational experiences on, those lands in a
manner consistent with the protection of the lands and the resource
values specified in Section 33500.
  SEC. 3.  Section 33502 of the Public Resources Code is amended to
read:
   33502.  (a) The territory of the conservancy consists of that
portion of Riverside County bounded by a line commencing at the
intersection of the highest elevation of the San Jacinto Mountains
and the range line common to Range 2 East and Range 3 East, S.B.M.,
in the vicinity of the western limits of the Sonoran Desert; thence
north along that range line to its intersection with the San
Bernardino-Riverside County boundary, thence east along the San
Bernardino-Riverside County boundary to its intersection with the
highest elevation of the Little San Bernardino Mountains; thence
meandering southeast and east along the points of highest elevation
of the Little San Bernardino Mountains, the Cottonwood Mountains, and
the Eagle Mountains to the point of intersection with the range line
common to Range 12 East and Range 13 East, S.B.M.; thence south
along that range line to its intersection with the township line
common to Township 5 South and Township 6 South, S.B.M.; thence east
along that township line to its intersection with the range line
common to Range 13 East and Range 14 East, S.B.M.; thence south along
that range line to its intersection with the boundary of the
Chocolate Mountains Aerial Gunnery Range; thence west and south along
the boundary of the Chocolate Mountains Aerial Gunnery Range to its
intersection with the Imperial-Riverside County boundary; thence west
along the Imperial-Riverside County boundary to its intersection
with the highest elevation of the Santa Rosa Mountains; thence
meandering northwest and north along the points of highest elevation
of the Santa Rosa and San Jacinto Mountains to the point of
beginning; and as more specifically set forth in that certain map
entitled "Coachella Valley Mountains Conservancy" and dated ____
1999, and placed on file with the Secretary of State, which map is
incorporated in this subdivision by this reference.
   (b) The governing board of the conservancy may adjust the boundary
delineating the territory of the conservancy, but not by more than
500 yards from the boundary as mapped pursuant to subdivision (a), to
embrace within the conservancy adjacent lands that have any of the
resource values specified in Section 33500.  Any adjustment in the
boundary shall be reflected in a revision to the map specified in
subdivision (a), which revision shall be promptly filed with the
Secretary of State.
  SEC. 4.  Section 33503 of the Public Resources Code is amended to
read:
   33503.  (a) The governing board of the conservancy consists of the
following 21 voting members:
   (1) The mayor or a member of the city council of each of the
Cities of Cathedral City, Desert Hot Springs, Indian Wells, La
Quinta, Palm Desert, Palm Springs, and Rancho Mirage, appointed by a
majority of the membership of the respective city council of each
city.
   (2) The Chairperson of the Tribal Council of the Agua Caliente
Band of Cahuilla Indians.
   (3) Two members of the Board of Supervisors of the County of
Riverside, appointed by a majority of the membership of the board of
supervisors.
   (4) Three members chosen from the general public who reside within
the conservancy's territory, one of whom shall be appointed by the
Governor, one of whom shall be appointed by the Senate Committee on
Rules, and one of whom shall be appointed by the Speaker of the
Assembly.
   (5) The Secretary of the Resources Agency.
   (6) The Director of Fish and Game.
   (7) The Executive Director of the Wildlife Conservation Board.
   (8) The Director of Parks and Recreation.
   (9) The Vice President, Division of Agriculture and Natural
Resources, of the University of California.
   (10) The State Director for California of the United States Bureau
of Land Management.
   (11) The Regional Forester for the Pacific Southwest Region of the
United States Forest Service.
   (12) The Regional Director for the Pacific West Region of the
National Park Service.
   (b) Any state or federal official who is a member of the governing
board and whose principal office is not within the territory of the
conservancy may designate a member of his or her executive staff to
vote on his or her behalf and otherwise discharge the duties of the
member when the member is not in attendance.  Notice of any such
designation shall be promptly communicated in writing to the
chairperson of the conservancy.
   (c) Each city council, the Tribal Council of the Agua Caliente
Band of Cahuilla Indians, and the Board of Supervisors of the County
of Riverside may appoint an alternate member from its respective
entity to attend the governing board meetings and vote on behalf of
the appointed member and otherwise discharge the duties of the member
when that member is not in attendance.  Notice of the designation
shall be promptly communicated in writing to the chairperson of the
conservancy.
  SEC. 5.  Section 33601 of the Public Resources Code is amended to
read:
   33601.  The conservancy may do all of the following:
   (a) Sue and be sued.
   (b) Determine the qualifications of, recommend the salary of, and
appoint, an executive director who shall be exempt from civil service
and serve at the pleasure of the conservancy.  In addition, the
conservancy may employ other staff pursuant to the State Civil
Service Act and as may be authorized in the annual state Budget Act.

   (c) Enter into contracts pursuant to Article 4 (commencing with
Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the
Government Code, for services requiring knowledge, experience, and
ability not possessed by the conservancy's staff.
   (d) Enter into other agreements with public agencies, private
entities, and persons necessary for the proper discharge of the
conservancy's duties.
   (e) In order to further the conservancy's purposes as set forth in
Section 33501, award grants to cities, counties, resource
conservation districts, or nonprofit organizations that are described
in paragraph (2) of subdivision (f) of Section 33702 and that are
qualified as exempt organizations under Section 501(c)(3) of the
Internal Revenue Code of 1954 (26 U.S.C.A. Sec.  501(c)(3)).
  SEC. 6.  Section 33700 of the Public Resources Code is amended to
read:
   33700.  (a) As used in this chapter, "mountainous lands" means all
lands, irrespective of their angle of slope or other natural or
manmade terrain features, within the territory of the conservancy
that lie above the floor of the Coachella Valley, if there is no
alluvial fan, or that lie above any alluvial fan extending onto the
valley floor, as more specifically set forth in that certain map
entitled "Coachella Valley Mountainous Lands Map" and dated ____ __,
1999, and placed on file with the Secretary of State, which map is
hereby incorporated in this subdivision by this reference.  The map
described in this subdivision may be combined with, and made a part
of, the map described in Section 33502.
   (b) The governing board of the conservancy may adjust the boundary
delineating mountainous lands within the conservancy's territory,
but not by more than 100 yards from the boundary mapped as specified
in subdivision (a), to avoid bisecting any single lot or parcel in
existence on January 1, 1991, or to conform the boundary to more
readily identifiable natural or manmade features in existence on
January 1, 1991, if the adjustment will not jeopardize any of the
resource values specified in Section 33500.  Any adjustment in the
boundary shall be reflected in a revision to the map specified in
subdivision (a), which revision shall be promptly filed with the
Secretary of State.
   (c) In the event of any inconsistency between the definition of
"mountainous lands," as set forth in this section, and the map
described in this section, the definition shall control.
   (d) As used in this chapter, "natural community conservation lands"
means all lands within the territory of the conservancy, the
preservation of which is necessary to implement a natural community
conservation plan that has been approved by the Department of Fish
and Game pursuant to Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.
  SEC. 7.  Section 33702 of the Public Resources Code is amended to
read:
   33702.  (a) Except as provided in subdivisions (b)  and (c), the
acquisition of real property or interests in real property under this
division is subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code).
   (b) Any acquisition of real property or any interest in real
property within the territory of the conservancy that is located in
an area designated as a National Scenic Area and that has a value of
less than two hundred fifty thousand dollars ($250,000), is not
subject to the Property Acquisition Law.
   (c) Any acquisition of real property from the County of Riverside
that was acquired by the county as a result of the nonpayment of
taxes, and that has a value of less than two hundred fifty thousand
dollars ($250,000), is not subject to the Property Acquisition Law if
the Administrative Secretary of the State Public Works Board has
received written notice that the conservancy has adopted a resolution
requesting that the real property be removed from public sale and
the Director of Finance has not, within 60 days from the date that
the written notice was received, notified the executive director of
the conservancy that the real property must be acquired under the
Property Acquisition Law.
   (d)  The committee that is responsible for developing the
Coachella Valley natural community conservation plan as of December
31, 1999, or any subsequent committee that is responsible for
overseeing the implementation of any state-approved Coachella Valley
natural community conservation plan, habitat conservation plan, or
similar program, shall be the advisory committee to the conservancy
in its implementation of any aspect of the plan or program.  Prior to
the acquisition of property or the taking of other actions in
furtherance of the plan or program, the conservancy shall consult
with the advisory committee.
   (e)  Except as provided in Section 33701, and subject to Section
33507, the conservancy may acquire any property, and any interest in
property, on behalf of itself or a state agency represented on the
governing board, within its territory if acquisition of the property
is in furtherance of the conservancy's purposes, as set forth in
Section 33501.  The conservancy may initiate, negotiate, and
participate in agreements with local, state, and federal public
agencies or nonprofit entities for the management of land under the
conservancy's ownership or control, in furtherance of the conservancy'
s purposes.  The conservancy may also hold, manage, maintain,
administer, occupy, and care for that property in the event that no
appropriate public or private entity is available to undertake that
responsibility without cost to the conservancy.
   (f)  (1) Except as provided in paragraph (2), the conservancy
shall not sell, exchange, lease, or otherwise dispose of or encumber,
any mountainous lands or natural community conservation lands unless
authorized by a four-fifths vote of the governing board or a
two-thirds vote of the electors residing within the conservancy.
   (2) The conservancy may transfer any mountainous lands or natural
community conservation lands to another public agency or to any
nonprofit organization that has as its primary purpose the
preservation, protection, or enhancement of land in its natural,
scenic, historic, agricultural, forested, or open-space condition or
use, if the transfer is authorized in the presence of a quorum and
upon the recorded votes of a majority of the voting members of the
governing board, and if the transferee agrees to hold, manage,
maintain, administer, occupy, and care for the property in perpetuity
and in furtherance of the conservancy's purposes, as set forth in
Section 33501.
   (3) Any lease entered into pursuant to this subdivision shall not
exceed five years and shall include the express provision that the
lease may be terminated at any time that the governing board
determines that the land is needed for conservancy purposes.
   (g) Notwithstanding subdivision (e) and the requirements specified
in subdivision  (f), the conservancy may sell, exchange, lease, or
otherwise dispose of or encumber, property that is not mountainous
land or natural community conservation land on any terms that are in
the best interests of the conservancy.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
